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AG-04T1-S-08-0016
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SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER RATING PAGE OF

UNDER DPAS (15 CFR 700) 1 96 PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

SEALED BID (IFB) NUMBER

AG-04T1-S-08-0016 |X| NEGOTIATED (RFP) June 9, 2008

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7) Umpqua National Forest, 2900 NW Stewart Parkway, Roseburg, OR 97471

Acquisition Section, Room 201 [same address as block 7]

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Block 8 address until 2:30 p.m. local time July 9, 2008 (Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION A. NAME B. TELEPHONE NO. (NO COLLECT

CALLS)Area aCode/Number/Extension C. E-MAIL ADDRESS

CALL: Linda Spencer 541-825-3163 lmspencer@fs.fed.us

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C

DESCRIPTION/SPECS./WORK/STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E

INSPECTION AND ACCEPTANCE K REPRESENTATIVES, CERTIFICATIONS AND

X F

DELIVERIES OR PERFORMANCE

X

OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA X L INSTRS., CONDS., AND NOTICES TO OFFERORS

X H

SPECIAL CONTRACT REQUIREMENTS X M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52-232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN 15A.

NAME AND

ADDRESS

OF OFFEROR

OFFER (Type or Print)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER 15B. TELEPHONE NO. (Include area code and extension)

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C. 2304 (c) ( ) 41 U.S.C. 253(c) ( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV.9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

Solicitation No. AG-04T1-S-08-0016 Forest-wide Road Maintenance Services

Umpqua National Forest

PART I----THE SCHEDULE

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

ROAD MAINTENANCE SERVICES

UMPQUA NATIONAL FOREST -

DIAMOND LAKE, COTTAGE GROVE, NORTH UMPQUA AND TILLER DISTRICTS

BASE YEAR PERIOD – Date of Award of contract through September 30, 2009

ITEM NO.

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT

PRICE AMOUNT

807(2) Excavator 40 HOUR $ $ 807(3) Backhoe 80 HOUR $ $ 807(4) Grader 40 HOUR $ $ 807(6) Dump Truck 80 HOUR $ $ 807(7) Brush Cutter 40 HOUR $ $ 811(1) Surface Maintenance Level 4 & 5 Roads 2.5 S-L M $ $ 811(2) Surface Maintenance Level 4 & 5 Roads 2.5 D-L M $ $ 811(3) Surface Maintenance Level 3 Roads 10.5 S-L M $ $ 811(4) Surface Maintenance Level 3 Roads 10.5 D-L M $ $

811(5) Surface Maintenance Level 2 Roads 82.5 S-L M $ $ 811(6) Surface Maintenance Level 2 Roads 82.5 D-L M $ $ 811(8) Roller Compaction, Mtce Level 2 roads 82.5 S-L M $ $ 832(1) Load, Haul, and Place Material 1900 CY $ $ 832(2) Load, Haul, and Place Material 50 Mile $ $

832(3) Load, Haul, and Place Material 1 LS $ $ 832(4) Haul greater than 10 miles 5 Mile $ $ 833(1)18 18-Inch corrugated metal pipe

0.064-Inch thickness for steel or 0.060-Inch thickness for aluminum

100 LF

833(1)24 24-Inch corrugated metal pipe 0.064-Inch thickness for steel or 0.060-Inch thickness for aluminum

200 LF

833(2) Culvert Removal 8 EA $ $ 833(3) Water-bar Installation 380 EA $ $ 833(5) Water-bar Removal 75 EA $ $ 833(6) Cross Ditch Installation 100 EA $ $ 833(11) Drivable Grade Dip Installation 25 EA $ $ 834(1) Clean and Recondition Culverts 24 inch

Diameter and under

2525 EA $ $

Umpqua National Forest

ITEM NO.

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT

PRICE AMOUNT

834(3)

Clean and Recondition Culverts Over 48 inch Diameter

46 EA $ $

834(5) Clean Ditches and Drainage Structures

Mile

842(1) Vegetation Maintenance Level 4 & 5 roads 21 Mile

842(2) Vegetation Maintenance Level 3 roads 36 Mile $ $

842(3) Vegetation Maintenance Level 2 roads 285 Mile $ $

851(1) Logging Out (ML 3-5) 69 Mile $ $

851(2) Logging Out (ML 2) 380 Mile $ $

851(6) Hazard or Obstruction Removal 255 EA $ $

861(4) Maintenance of Gate 25 EA $ $

861(11) Maintain rock/earth barrier 25 EA $ $

872(1) Clean Sign Face 40 EA $ $

872(2) Recondition Sign Face 10 EA $ $

872(3) Install or Replace Single Post and Sign 90 EA $ $

872(4) Install or Replace Double Post and Sign 10 EA $ $

872(5) Install or Replace Sign 100 EA $ $

872(6) Remove Sign 5 EA $ $

872(7) Remount Sign 5 EA $ $

872(8) Apply New Sign Face 5 EA $ $

872(9) Maintain Marker 50 EA $ $

872(10) Replace Marker 100 EA $ $

881(1)DL Mobilization – Diamond Lake 1 LS $ $

881(1)NU Mobilization – North Umpqua 1 LS $ $

881(1)TL Mobilization – Tiller 1 LS $ $

881(1)CG Mobilization – Cottage Grove 1 LS $ $

881(3) Equipment Moving 50 MI $ $ TOTAL for Estimated Quantities $

This is an Indefinite Quantity type contract. The quantities shown are estimated only and also apply to the subsequent option year periods. .

Minimum: $ 20,000 Maximum: $ 500,000

COTTAGE GROVE, DIAMOND LAKE, NORTH UMPQUA and TILLER RANGER DISTRICTS

OPTION YEAR 1 (October 1, 2009 through September 30, 2010)

Option Year 1 pricing is based on the Base Year pricing, but is subject to adjustment based on the Economic Price Adjustment terms elsewhere herein.

This is an Indefinite Quantity type contract. The quantities shown are estimated only.

The following Minimum and Maximum Order Amounts apply for Option Year 1:

Minimum: $ 20,000 Maximum: $ 300,000

OPTION YEAR 2 (October 1, 2010 through September 30, 2011)

Option Year 2 pricing is based on the Base Year pricing, but is subject to adjustment based on the Economic Price Adjustment terms elsewhere herein.

This is an Indefinite Quantity type contract. The quantities shown are estimated only.

The following Minimum and Maximum Order Amounts apply for Option Year 2.

OPTION YEAR 3 (October 1, 2011 through September 30, 2012)

Option Year 3 pricing is based on the Base Year pricing, but is subject to adjustment based on the Economic Price Adjustment terms elsewhere herein.

This is an Indefinite Quantity type contract. The quantities shown are estimated only.

The following Minimum and Maximum Order Amounts apply for Option Year 3.

OPTION YEAR 4 (October 1, 2012 through September 30, 2013)

Option Year 4 pricing is based on the Base Year pricing, but is subject to adjustment based on the Economic Price Adjustment terms elsewhere herein.

This is an Indefinite Quantity type contract. The quantities shown are estimated only.

The following Minimum and Maximum Order Amounts apply for Option Year 4.

Offerors must provide price proposals for all work identified in the Schedule of Items.

See Sections G and I relating to indefinite quantity ordering procedures. See Section M for evaluation and award information. See Section I and L for information relating to exercising of option periods.

Offerors must complete the Questionnaire in Section J to be considered for award.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 - SCOPE OF CONTRACT

This contract is established for the purpose of providing the routine and recurring maintenance of forest and administrative use roads managed by the Umpqua National Forest. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and all incidentals necessary to provide maintenance in accordance with drawings and specifications of the contract.

Bituminous surface patching and asphalt crack sealing is NOT included, unless added by mutual agreement.

The awarded Contractor has the right to decline to accept any requests for bituminous surface repairs. The Government has the right to contract for bituminous surface repairs separately.

Danger Tree removal is NOT required. If contractor locates a tree that is considered a danger to current maintenance activities, it shall be reported to the COR or Inspector immediately. After the tree is felled, cleanup of the resulting slash may be required and will be ordered on a separate task order.

Maintenance work consists of a variety of road repair activities including but not limited to the following:

• Blading

• Watering

• Compaction

• Ditch maintenance

• Drainage structure maintenance

• Roadway drainage maintenance

• Drain dip maintenance

• Removal and disposal of materials

• Culvert replacement, removal, or installation

• Roadside brushing

• Logging out

• Rock / Earth Barrier and Gate Maintenance

• Sign maintenance

The intent of the contract is for the awarded Contractor to provide routine contracted-out road maintenance work (other than bituminous pavement work and Danger Tree Felling) that may develop during the course of a yearly period.

Options are included for four additional yearly periods.

The scope of work is not limited to the payment items identified herein. Other payment items within the overall scope of road maintenance (such as those cited above) may be added by contract modification if an agreeable price and performance time can be established. In the event requirements for work develop that are not pre-priced, the Government will provide a complete description of the specifications and payment items and request a unit price. If mutual agreement is reached on the pricing of additional payment items, they may be added to the contract at any time.

Umpqua National Forest

If mutual agreement is not reached on proposed additional payment items, the Government reserves the right to contract for such work with others.

This is an indefinite delivery type contract. The specific work items and quantities shown for base year period are estimated only. Specific task orders will be issued for firm quantities and work locations throughout the term of the contract.

Pay items and estimated quantities are not shown for Option Years. Option years 1, 2, 3, and 4 pricing for work fitting within the base year period payment item schedule will be subject to Economic Price Adjustment as shown elsewhere herein.

Funding for portions of this project is provided under the “Secure Rural Schools and Community Self- Determination Act of 2000”, Public Law 106-393. Evaluation criteria will be based, in part, on Contractor’s commitment to create additional employment opportunities for local workers and residents.

C.2 - APPLICATION OF SPECIFICATIONS, DRAWINGS AND TERMINOLOGY

Standard specifications, drawings, definitions, abbreviations and quantity measurement terms included herein may not immediately apply to the specific work identified for the Base Year Period. These standardized requirements, if included herein, are intended to normally apply to any future work identified for addition to the contract. In addition to those included herein, there may be other specifications, drawings and terminology added via mutual agreement as needed.

C.3 - COORDINATION OF SPECIFICATIONS

Specifications governing road maintenance work include Pacific Northwest (Region 6) Standard Specifications (2005 Performance Based Service Contract (PBSC)), and may include Umpqua National Forest Standard Specifications for Maintenance of Roads and Special Project Specifications which refine, revise, and add to the Standard Specifications. The 2005 PBSC specifications are included in their entirety, but may reference the Standard Specifications for Constructions of Roads and Bridges on Federal Highway Projects FP-03. The Special Project Specifications and Standard Specifications must be read as a whole to gain a full understanding of the work required. In case of discrepancies, however, between these specifications, the Special Project Specifications will take precedence over the Standard Specifications.

Standard Specifications are numbered with three digits and may have an alpha character added. Special Project Specifications are numbered with the corresponding Standard Specification number followed by -1, -2 or other numbering suffix.

C.4 - FURNISHING OF MATERIAL

Unless otherwise stated in the Supplemental Specifications, the Contractor shall furnish all material required for performance of the contract. All material shall comply with the specifications. The Contractor shall verify the kind and amount of work that may be necessary in furnishing the material.

The Contractor shall furnish and deliver the material to the site of the work in such a manner that their quality and fitness for the work is preserved.

The Contractor shall be responsible for furnishing warning devices and complying with the safety standards and traffic management procedures as required by the current edition of the MUTCD for the life of this contract.

C.5 - DEFINITIONS

Wherever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

1. Agreed or Approved - Official agreement or approval by use of a written document issued by the Government. Agreements also require signature of Contractor's Representative and are dated.

2. Base Course – The layer or layers of specified or selected material of designed thickness placed on a subbase or a subgrade to support a surface course. (See Illustration of Road Maintenance Terms.)

3. Berm – A curb or dike that controls roadway runoff water, or delineates traffic direction.

4. Channel - A natural waterway leading into or away from a culvert or bridge.

5. Contract Amendment - A bilateral written supplemental agreement between the Government and the

Contractor, documenting a modification outside the scope of the contract and establishing an equitable adjustment therefore.

6. Contractor - The individual, partnership, joint venture, or corporation undertaking the execution of the work under the terms of the contract.

7. Culvert – Any structure that provides a passageway, drain, or waterway under a road or embankment.

8. Cross ditch – A shallow ditch placed across the roadbed to remove water from the roadbed surface that can be driven across by full-size pickups or other high clearance vehicles; usually placed diagonal to the centerline.

9. Ditch – A relatively long narrow excavation placed to collect or disperse water.

10. Drainage dip – A drainage structure that was previously constructed within the roadbed surface to form a uniform depression that allows routine passage of vehicles while diverting water from the traveled way.

11. Drainage ditch – A ditch located parallel to and abutting the roadbed.

12. Drainage structure – A term identifying manufactured devices placed to control water movements.

13. Drawings – Illustrations showing detailed maintenance required.

14. Equipment – All machinery, operating supplies and tools necessary for the proper performance and acceptable completion of the work.

15. Excess Material – Material from the roadway in excess to that needed for maintenance of roadway.

16. Foreslope – The slope of the ditch section nearest to the traveled way.

17. Grade – The vertical alignment of the top surface of the road.

18. High Clearance Vehicles – Vehicles such as pickups, 4x4s, and log trucks.

19. Highway Vehicles – Vehicles such as passenger cars, high and low high clearance vehicles.

20. Hydrologic Function – Physical properties of the occurrence and movement of water on the earth’s surface and in particular that part which crosses transportation systems.

21. Inspector - The Government's authorized representative designated in writing, assigned to make detailed inspections of contract performance, but not to sign orders to the Contractor.

22. Lead-off ditch – A ditch used to remove water from roadside drainage ditches, the roadway, cattle guards, or drainage structures such as culverts and drainage dips.

23. Low Clearance Vehicles – Vehicles such as passenger cars, non 4x4 pickups, vans and other highway vehicles.

24. Materials – Any substances specified for use in the performance of the work.

25. Measurement – Method of determining and expressing the quantities of work.

26. Nominal Dimensions or Weights – The numerical values shown on the drawings or in the specifications as measurements for the work.

27. Order - A written order by the Government directing fulfillment of work requirements under the terms of the contract.

28. Original Contract Quantities - Those estimated quantities shown in the Schedule of Items as awarded.

29. Patching – Minor repairs.

30. Paved Surface or Pavement - Denotes asphalt, concrete, or other stabilized materials excluding natural aggregates. Dust palliative treatments are not considered as pavement.

31. Reasonably Close Conformity - Means compliance with customary maintenance tolerances where working tolerances are not specified.

32. Right-of-Way - A general term denoting land, property, or interest therein acquired for or devoted to a road.

33. Roadbed – The portion of a road between the intersection of the subgrade and side slopes, excluding that portion of the ditch below the subgrade.

34. Road Listing – A preliminary listing of road locations and any established work priorities.

Umpqua National Forest

35. Rock / Earth Barrier – A structure placed to prevent motorized vehicle traffic form accessing a closed road. Barrier may include buried rocks or logs within the structure.

36. Schedule of Items - Schedule containing a listing and description of maintenance items, quantities, units of measure, methods of measurement, unit price, and amount.

37. Shoulder – The portion of the roadway continuous to the traveled way for accommodation of stopped vehicles, emergency use, and lateral support of travel way structure.

38. Slough or Slide – Material deposited on the roadway that may need to be repositioned or removed.

39. Slump – A localized portion of the roadbed that has slipped, or otherwise become lower than the adjacent roadbed, and constitutes a hazard to traffic.

40. Supplemental Specifications - Specifications that detail conditions and requirements peculiar to the individual project.

41. Standard Specifications - Specifications for all divisions of work.

42. Subgrade – Top surface of roadbed upon which subbase, base course, or surface course was constructed.

43. Traveled Way – The portion of the roadway for the movement of vehicles. For purpose of this contract, traveled way includes turnouts and curve widening.

44. Turnouts - A short auxiliary lane on a one-lane road provided for passage of meeting vehicles.

45. Unit of Measure - The unit and fractions of units shown in the Schedule of Items.

46. Unsuitable Material - Material removed during maintenance which must be disposed of in designated locations. Includes material with substantial amounts of vegetation or other objectionable material.

47. Waterbar - A deeper type of cross ditch which is not intended for passage of low clearance passenger vehicles.

48. Work Schedule - The Contractor's current schedule for work progression.

C.6 - ABBREVIATIONS

Whenever in these specifications, or in other contract documents, the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows: (Reference to a specific standard or specification shall mean the latest addition or amendment thereto in effect on date of Invitation for Bids.)

1. AASHTO - American Association of State Highway and Transportation Officials.

2. ASTM – American Society for Testing and Materials.

3. AWPA – American Wood Preservers Association.

Umpqua National Forest

4. CS - Commercial Standard Issued by U.S. Department of Commerce.

5. EPA - Environmental Protection Agency.

6. FAR - Federal Acquisition Regulation System.

7. FED SPEC - Federal Specifications.

8. FP-03 - Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects.

9. FSS - Federal Specifications and Standards.

10. MSHA - Mine Safety Health Administration.

11. MUTCD - Manual of Uniform Traffic Control Devices.

12. NBS - National Bureau of Standards.

13. OSHA - Occupational Safety and Health Act.

14. PS - Product Standard issued by the U.S. Department of Commerce.

15. UL - Underwriter's Laboratories, Inc.

C.7 - QUANTITY MEASUREMENT TERMS

1. U.S. Customary Units of measure are used in conjunction with these specifications.

2. The methods of measurement and computation will be those necessary to accurately determine the quantities of materials furnished and work performed.

3. All items which are measured by the lineal foot will be measured parallel to its longitudinal centerline, unless otherwise shown on the drawings.

4. A station, when used as a definition of term or measurement will be one hundred feet, or a precise location along a survey line.

5. Miles will, in the absence of known distances from existing plans or surveys, be determined by the

Government using a calibrated survey odometer or equal substitute operated on the traveled way at or parallel to road centerline.

6. Single lane mile measurement will mean the product of the road length in miles times the equivalent number of continuous traveled way lanes on the road. On two (2) lane roads, the lane miles will be twice the length of the road segment maintained.

7. The term "ton" will mean 2000 pounds. Trucks used to haul material measured by truck weight shall be weighed empty at least once daily, and each truck shall bear a plainly legible identification mark.

Weigh tickets furnished by the Contractor from certified scales will be used to determine weight measurements.

8. Materials measured by the cubic yard in the hauling vehicle shall be measured therein at the point of delivery. Vehicles may be of any size or type, provided that the box is of such shape that the actual volume may be readily and accurately determined.

9. Measurement by the acre will use the length and width treated. Measurement of width will approximate significant slope breaks, but will not include minor deviations along the slopes. The measured slope distance for the length will multiply width treated and converted to a standard 10,000 square yard or acreage value of the surface area treated.

10. The term "lump sum" when used in the Schedule of Items will mean the complete unit as required by or described in the contract.

11. Measurement will be made of each item or unit of work, as shown in the Schedule of Items, completed and accepted in accordance with the contract provisions, specifications, and drawings.

C.8 - MEASUREMENT AND PAYMENT

Measurement and payment for contract work will be made only for "work ordered under" those pay items included in the Schedule of Items. Measurement and payment for work or materials required to complete the project "in accordance with" the drawings and specifications and which are not included as pay items in the Schedule of Items will be considered as incidental to and included in the payment for other pay items shown and separate measurement and payment will not be made. The intent of the contract is to provide for the completion of all work described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and terms of the contract.

C.9 - BASIS OF PAYMENT

Invoice payments may be made for completed units of work as determined by the Contracting Officer or the COR. Payment authorization will be dependent upon an inspection of the project and will be based on adherence to the work specifications.

C.10 - FIXED PRICE WITH ECONOMIC PRICE ADJUSTMENT

Task Orders - The unit prices established under each task order are considered firm-fixed-price.

Firm-Fixed-Price each Calendar Year Period - The unit prices established under Section B for Calendar Year 2009 are considered firm-fixed-prices for any task order for this work within the 2009 calendar year. If additional Payment Items are added by contract modification these will also be considered to be firm-fixed-price.

Annual Price Adjustment - This contract is subject to economic price adjustment when option year periods are exercised by the Government, for the following specified materials and labor in accordance with the contract clause entitled “FAR 52.216-4 Economic Price Adjustment – Labor and Material” included in Section I. Annual Price Adjustment will apply only to the pre-priced items covering the immediately prior calendar year.

Price Adjustment Elements - Price adjustments will be considered only on the following elements:

• Fuel expenses not to exceed 20% of any given unit price. For the purposes of this contract this adjustment will be based on the price of gasoline or diesel fuel only.

• Labor not to exceed 30% of any given unit price. This adjustment will be limited to labor rates, and will not cover any adjustment to hours of labor provided. For the purposes of this contract rates for labor will be based on adjustments to the minimum wage rate established under any replacement Department of Labor Wage Decision provided by the Contracting Officer.

Price Adjustment Timing - Documentation for price adjustment requests must be presented between the period of November 1-30.

Price adjustment will be considered only one time per calendar year.

It is the intent of the Government to come to terms on a price adjustment no later than December 15 of each year. Price adjustments shall be final and will be reflected via formal contract modification. Upon execution of a price adjustment modification any revised unit price shall be considered a Firm-Fixed-Price effective for the entire subsequent option year period.

C.11 - AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

(FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

SECTION D--PACKAGING AND MARKING

{For this Solicitation, there are NO clauses in this Section}

Umpqua National Forest

SECTION E--INSPECTION AND ACCEPTANCE

E.1 - FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

E.2 - INSPECTION

a. Standards for acceptable performance are stated in the specifications.

b. Inspections will be made periodically as work progresses, or as work is completed, to determine acceptability of method and manner of performance, the end product of the maintenance operations, and to make measurements for payment.

c. As stated in the above clause entitled "Inspection of Services -Fixed Price," the Government's inspection system will not be a substitute for the Contractor's required inspection system.

E.3 - ACCEPTANCE

Authority for final acceptance under the contract lies with the Contracting Officer. Final acceptance occurs when the Contracting Officer formally notifies the Contractor in writing.

http://www.arnet.gov/far/

Umpqua National Forest

SECTION F--DELIVERIES OR PERFORMANCE

F.1 - FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

F.2 -AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988)

The effective period of this contract is from date of award through September 30, 2009. Task orders may be placed at anytime through out the contract period.

The effective period of the OPTION YEAR 1 PERIOD of this contract is from October 1, 2009 through September 30, 2010.

The effective period of the OPTION YEAR 2 PERIOD of this contract is from October 1, 2010 through September 30, 2011.

The effective period of the OPTION YEAR 3 PERIOD of this contract is from October 1, 2011 through September 30, 2012.

The effective period of the OPTION YEAR 4 PERIOD of this contract is from October 1, 2012 through September 30, 2013.

F.3 -COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK FOR

INDIVIDUAL TASK ORDERS

The Contractor shall be required to (a) commence work under individual task orders within three (3) calendar days after the date of the task order or the effective date of the notice to proceed for that task order, if so provided, (b) prosecute the work diligently, and (c) complete the work ready for use within the dates specified on the task order. The time stated for completion include final cleanup of the premises.

The number of calendar days allotted for completion of all work under a given task order shall be negotiated prior to issuance of the task order and will be expressed on the task order. The rates of progress to be used for determination of performance periods shall be based on standard industry practices and consideration of the Contractor’s equipment, workforce and existing uncompleted task orders against this contract. Performance periods on sequential task orders may be established for consecutive performance or the timing for performance may run concurrently, as mutually agreed.

F.4 -PROSECUTION OF WORK

a. Work shall be scheduled to provide completion of segments on a daily basis unless otherwise herein provided.

b. A monthly Work Schedule shall be prepared by the Contractor. A copy of the Work Schedule shall be provided to the Government by the agreed day of each month.

c. The Government may require the Contractor to finish the portion in progress before additional work is started on any additional portion.

F.5 -INTERRUPTION OF WORK

The count of calendar days to be charged against contract time shall begin on the day established by the task order and shall continue through the date of completion as determined at the final inspection.

The Contractor shall prosecute the work at a rate that will result in completion of all work within the time specified.

The contract performance period will be established with allowances for a variety of delays that should be expected to occur throughout the performance period. These delays may include the following or other similar delays:

• normally occurring inclement weather

• normally occurring adverse road conditions or other adverse access conditions

• normally occurring fire closures

• seasonal shutdowns

• other Contractors working in the area

• critical plant development or related environmental conditions necessary to meet the intent of the contract

• normally occurring conditions where continued work could cause harm to forest resources

These are normal conditions that may limit actual performance. Contract time will run continuously without suspension of the count of contract time during periods when no work is performed.

Any formal written suspension of work by the COR that is related to the above conditions or other unsuitable working conditions will not include a suspension of the count of contract time.

Contract time will normally not be formally suspended in writing by the COR unless the Contractor fails to suspend their own operations under unfavorable conditions where continued working could cause harm to the completion of the contract intent or harm to other forest resources.

Any formal written suspensions of work by the COR that are related to noncompliance with contract terms will not be construed as suspensions for the convenience of the Government.

F.6 -SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as siltation of streams, damage to access roads, rutting of project areas which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as suspensions for the Convenience of the Government and shall not qualify for an equitable adjustment.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 - AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within ten days after the date of contract award. The conference will be held at a mutually agreed location.

G.2 - GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

Item No.

Description

Quantity

Delivery Date & Place

833(1) Culverts for installation

FOR DURATION OF

CONTRACT

As needed M-F

8:00 – 3:00

Wolf Creek Storage Yard (North Umpqua RD) Steamboat Storage Yard (North Umpqua RD) Tiller Ranger District Diamond Lake Ranger District Rujada Work Center (Cottage Grove RD)

811 or

Water Drafting Sources

FOR DURATION OF

CONTRACT

As Ordered Locations to be identified on task orders

872 Signs, posts, markers As needed M-F

8:00 – 3:00

Locations to be identified on task orders

Toketee Ranger Station (Diamond Lake Ranger District) is located 60 miles east of Roseburg, Oregon, off Oregon Hwy 138

North Umpqua Ranger Station is located in Glide, Oregon, 20 miles east of Roseburg, OR, District to Wolf Creek Storage Yard approximately 12.25 miles, District to Steamboat Storage Yard 18.1 miles

Tiller Ranger Station is located in Tiller, Oregon, 30 miles east of Canyonville, OR

Cottage Grove Ranger Station is located in Cottage Grove, Oregon, 0.4 miles east of I-5, travel approximately 21 miles from District to Rujada Work Center

Additional Government Furnished property may be provided under individual task orders; pricing adjustment shall be applied where applicable

Umpqua National Forest

G.3 - ORDERING

Services to be provided here under will be ordered by issuance of a written task order. Each task order will reference this contract and will be subject to all the terms and conditions herein. Each task order will contain the following information:

• Task order Number

• Date of Order

• Services Ordered, Quantity and Prices

• Performance Period Requirements

• Work Locations/Vicinity Maps

Task orders will be issued at the price awarded on this basic contract, or as modified under the Economic Price Adjustment provisions, but in any case shall be firm-fixed price.

If a task order requires additional Pay Items that are not already covered under the contract, these items will be priced by mutual agreement. A formal contract modification executed by the Contracting Officer will be required for additional Pay Items.

The Contractor has a right of refusal for task order work that cannot be completed in the same calendar year as ordered. If mutual agreement is reached, work ordered during one calendar year may be scheduled for completion in a following calendar year.

The following individuals may place orders against this contract.

• Contracting Officers on the Umpqua National Forest

• Designated Contracting Officer’s Representatives (COR); orders are limited to pre-priced items of work.

G.4 - DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer, upon contract award will designate in writing a Contracting Officer's Representative (COR).

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual Work assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

G.5 - NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The notification shall include as a minimum:

1. The name, address and telephone number of the subcontractor.

2. The date upon which the subcontract was entered into and its duration.

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

4. Documentation of the subcontractor's representative authority.

5. Documentation of any required licenses.

G.6 - PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Government or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed of the exercise of any power or authority conferred upon them, by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H.1 - PROSECUTION OF WORK -- WORK HOUR LIMITS -- WORK ITEM LIMITS

Work associated with live streams shall be limited to the period between July 15 through September 15 inclusive.

All project work areas shall be open to public access and free of hazards on weekends.

The Contractor shall conduct activities so that interference with the public shall be kept at a minimum.

When contract work prevents traffic flow, the Contractor is authorized to delay traffic not to exceed 60 minutes.

Any activities requiring closure to the public shall be scheduled with the COR at least 14 days in advance.

The contractor shall shut down all equipment when there is 1 inch precipitation in a 24 hour period and/or ½ inch precipitation in 1 hour.

H.2 - USE OF PREMISES

a. General - The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform the contract in a manner that will not interrupt or interfere with the conduct of Government business.

b. Camps - Before any camp or storage site is opened or operated on National Forest land or lands administered by the Government, written permission shall be obtained through the Government. Camp is interpreted to include the campsite or trailer parking area of any employee or subcontractor working on the project. Such permission, if granted, will be without charge to the Contractor.

c. Temporary storage / parking of equipment – The contractor is required to obtain written permission prior to parking equipment in locations other than within the currently ordered work area. Appropriate care will be taken to prevent any fuel spills or leaks from the equipment. Such permission, if granted, will be without charge to the Contractor.

H.3 - USE OF ROADS BY CONTRACTOR

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

Keep existing roads open to all traffic during contract work, and maintain them in a condition that will adequately accommodate traffic. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a Written Plan for the satisfactory handling of traffic has been approved. Post Traffic Control Signs and Devices in conformance with the current edition of the “Manual on Uniform

Umpqua National Forest

Traffic Control Devices” (MUTCD). Do not proceed with work on the project until all required signs are in place and approved.

Before shutting down any operations, leave all travelways in a condition suitable for traffic.

The roads authorized for use will be subject to the following provisions:

(a) The current National Forest Road Use Rules Document is applicable to all commercial road users. This document is available for inspection at the office of the Forest Supervisor and shall be applicable except when modified by provisions of this contract. Copies are available upon request.

(b) Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36 CFR

261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions to those shown in the current Road Use Rules Document and will be posted on the road.

H.4 - TRAFFIC CONTROL, FLAGGERS, BARRICADES, WARNING SIGNS, AND OTHER

DEVICES

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. Keep traffic devices current with maintenance operation and remove upon completion.

All operations and signing shall conform to the current requirements and guidelines of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD).

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points, where the new work crosses or coincides with an existing road or trail. Required signs may be mounted on portable or temporary mountings. Use standard MUTCD shapes, colors, sizes, and legends.

Mark hazards incidental to the work within or on the traveled way, shoulders, or turnouts with hazard identification markers, illuminated beacons, and other MUTCD devices to safely guide road users through the area. Mark work segments not completed on a daily basis appropriately for night travel. Obtain authorization before commencing work at night.

Advisory speed plates may be used to control traffic through the work area.

Flaggers - Provide properly equipped, trained and certified, flag person(s) where the traffic is required to stop before proceeding. Stop traffic in locations which provide width enough for passage of traffic and reasonable protection for vehicles. When flag control is used, advance warning signs are required.

H.5 - MOTORIZED EQUIPMENT

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer or as elsewhere provided herein.

H.6 - EQUIPMENT REQUIREMENTS

The Contractor shall furnish equipment meeting OSHA (Occupational Safety and Health Act) requirements.

When the Contractor is paid for furnishing and operating equipment on an hourly or daily basis, it shall be operated at its design speed, or the maximum speed feasible under prevailing conditions.

Equip all vehicles and machinery operating on or from the traveled way or road shoulder with flashing lights, strobes, or rotary beacons operated continuously while work is in progress. Use truck headlights at all times while operating. Backup horns are required on all self-propelled equipment in excess of 5 ½ tons gross weight.

Park vehicles and machinery not currently used in the maintenance operation off the traveled way at approved locations to minimize interference with normal use.

H.7 - SPECIAL REQUIREMENTS FOR WATER DRAFTING EQUIPMENT

Water drafting equipment may be used only at water sources designated on the Vicinity Map, taskk order, or provided by the Contracting Officer. Such equipment shall include a screen around the intake (foot valve) with openings no larger than 1/8 - inch. An air gap or positive anti-siphon device shall be provided between the water source and the vehicle being loaded if the vehicle has been used for other than water haul, if the source is a domestic potable water supply, or the water is used for tank mixing with any other materials.

Materials must be readily available and appropriate measures taken to prevent petroleum products from entering the water source.

H.8 - HAZARDOUS MATERIAL SPILL CLEAN-UP KIT

A hazardous material spill clean-up kit shall be maintained and readily available for potential use on the project at each work site and approved equipment storage / parking location. Spill clean-up kits shall contain the following items as a minimum:

1 case absorbent pads suitable for absorbing hydraulic fluid, engine oil, and fuel 1 gallon "Plug-a-Dike" or equivalent material A nineteen liter (five-gallon) mixing container 20 meters of 150 mm absorbent, floating booms for absorbing hydraulic fluid, engine oil, and fuel from a water surface

H.9 - LANDSCAPE PRESERVATION AND HAZARDOUS MATERIALS

(a) The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements:

Umpqua National Forest

1. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features unless specifically authorized by the Government. Unless otherwise provided in the Special Project Specifications, the Contractor shall confine contract operations to within the areas designated in contract documents. Unless otherwise provided in this contract, the Contractor shall gather rock which falls outside the roadway due to contract operations and dispose of it as directed by the Government.

2. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen’s, dust palliatives, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the Government.

(b) The Contractor shall confine operations to within the work area limits, immediate work area, or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

The Contractor shall make all reasonable attempts to preserve the scenic and natural environment within and adjacent to this project.

(c) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, lakes, reservoirs, and other surface waters.

1. Wash water or waste from concrete, aggregate or other…

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